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(영문) 수원지방법원 2017.05.24 2016고단7799
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a string and live cargo vehicle.

On September 29, 2016, the Defendant driven the above vehicle at around 15:55 on September 29, 2016, and moved to the entrance of the parking lot from the F cafeteria parking lot located in Osan City E at the lower cafeteria.

At the time, there are frequent entry of people, such as the above restaurant customers, and there was a victim G (50 Does) in the rear of the cargo vehicle at the time, so in such a case, a person engaged in driving of the cargo vehicle has a duty of care to ensure safe operation by checking the right and the right of the cargo vehicle well.

Nevertheless, the Defendant neglected this and caused the death of the victim due to the thring of the above cargo vehicle with the back part of the above cargo vehicle and caused the death of the victim with the back wheel of the above cargo vehicle with the back wheel of the above cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with H on the preparation of a letter of apology;

1. Application of Acts and subordinate statutes to the reports on traffic accidents, reports on occurrence of traffic accidents, records on the handling of reported cases, records on the handling of reported cases, records on internal investigation, and photographs (on-site and victims);

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] of the Act on the Suspension of Execution [The grounds for sentencing under Article 62(1) of the Act on the Punishment of Traffic Accidents [the scope of the recommended sentence] general traffic accident Type 2 (Death by Traffic Accidents) [the person subject to special mitigation] [the person subject to special mitigation] circumstances unfavorable to him/her [including efforts to recover damage] - circumstances favorable to the victim's death due to traffic accidents - circumstances favorable to him/her that are favorable to the victim's fault - The defendant's mistake is divided. The above circumstances revealed in each of the above circumstances are agreed with the victim's

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